California Court of Appeal

Denial of petition to compel arbitration of claim against defendant for underinsured motorist benefits under the policy defendant issued to plaintiff's sister, and grant of motion to strike amended complaint alleging breach of insurance policy, is reversed, as Insurance Code section 11580.2(f) requires arbitration of the dispute over whether plaintiff is an insured under the policy, despite exclusionary policy language arguably to the contrary.

Appellate Information

• Decided 12/21/2006
• Published 12/21/2006

Judges

• McDONALD, J.

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Law Office of Jacques J. Kirch, Jacques J. Kirch, San Diego, Law Offices of Daniel S. Rosenberg and Daniel S. Rosenberg, for Plaintiff and Appellant.


• For Appellees:
  
• Daniels, Fine, Israel, Schonbuch & Lebovits, Paul R. Fine and Erin O. Hallissy, Los Angeles, for Defendant and Respondent.